• Korea Trade Review
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• v.44 no.6
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• pp.285-302
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• 2019

Good faith is difficult to define due to the facts that there is not an objective and concrete concept of good faith, and good faith in contracts for the international sale of goods is a principle that parties to the contract must act with sincerity as members of a social community. The Korean Supreme Court shall pay attention to setting the applicable standards that can be universally applied to good faith based on the self-established criteria. Through such effort, it is possible not only to realize the value of concrete validity pursued by the general clause of good faith but also to realize the value of legal stability by assuring the predictability of results when applying good faith. In the modern sense, it can be said that the arbitrary application of general rules rather than the escape and general clauses is a problematic situation in the application of good faith, but this problem can be solved by setting a reasonable standard of good faith. This paper studies good faith in the view of Korean law, international laws, and related cases in contract law. The purpose of this paper is to find the problems and solutions of the practical application of good faith by analyzing the Korean case (2009Da86000), which undermined the legal stability of good faith in Korea.

• The Journal of Korean Philosophical History
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• no.25
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• pp.411-437
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• 2009

Generally transition of Thought from Wang Yangming(王陽明) to Liu Zongzhou(劉宗周) is construed from emphasis of subjectivity to emphasis of intention(意; Yi). This Transition from emphasis of subjectivity to emphasis of intention is definitely expressed between Wang Yangming's Four-Sentence Teaching(四句敎) and Liu Zongzhou's explanation of Wang Yangming's Four-Sentence Teaching. Wang Yangming's Four-Sentence Teaching evoked much controversy among scholars of Yangming school. Consequently Four-Sentence Teaching's controversy caused Yangming school's division. Also this was a representative controversy on the transition period from The Ming Dynasty to The Ching Dynasty. Liu Zongzhou's critique and exposition of Four-Sentence Teaching was result from this controversy. The difference between Wang Yangming's Xinxue(心學) and Liu Zongzhou' Xinxue(心學) is due to different interpretation of intention. As is generally known Wang Yangming interprets intention is in heart stiring, but Liu Zongzhou interprets intention is being before heart stiring, immanence in heart. Liu Zongzhou suggests new exposition of Four-Sentence Teaching on intention being before heart stiring, immanence in heart. Liu Zongzhou's critique and exposition is not only criticizing Yangming's Four-Sentence Teaching, but also solves troubles of the times. As a result he promotes theory of Xinxue(心學) being peculiar his own.